HOFFMAN v. DON-LEN PLAZA DINER, INC.


68 A.D.2d 880 (1979)

Harriet Hoffman et al., Respondents, v. Don-Len Plaza Diner, Inc., Appellant, et al., Defendant. (And a Third-Party Action.)

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 5, 1979


Judgment reversed, on the law, and new trial granted, with costs to abide the event.

Plaintiff Harriet Hoffman slipped and fell on ice outside appellant's diner at approximately 6:15 P.M. on February 3, 1972. The testimony of plaintiffs' witnesses revealed that rain and sleet were falling around the time of the mishap. The statistics of a weather station established that rain, snow, sleet and hail fell from approximately 3:00 P.M. to 11:00 P.M. on that date. Under...

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